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Auchincloss v. Allen

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1995
211 A.D.2d 417 (N.Y. App. Div. 1995)

Opinion

January 5, 1995

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Defendant failed to allege any material misrepresentation of existing fact which would support a claim of fraud (see, Lane v McCallion, 166 A.D.2d 688, 690). The existence of other litigation challenging this zoning ordinance (One Beekman Place v. City of New York, 169 A.D.2d 492) was a matter of public knowledge which defendant could have discovered through the exercise of ordinary diligence had he made inquiry at the appropriate time (see, 88 Blue Corp. v. Reiss Plaza Assocs., 183 A.D.2d 662, 664). Plaintiffs, in any event, had no duty to disclose the existence of the ongoing litigation as there was no fiduciary or confidential relationship between the parties (see, Lane v McCallion, supra, at 691). We additionally find that the motion court did not abuse its discretion in declining to award sanctions.

Concur — Asch, J.P., Rubin, Nardelli and Tom, JJ.


Summaries of

Auchincloss v. Allen

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1995
211 A.D.2d 417 (N.Y. App. Div. 1995)
Case details for

Auchincloss v. Allen

Case Details

Full title:R. ANNE AUCHINCLOSS et al., Respondents-Appellants, v. RICHARD ALLEN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 5, 1995

Citations

211 A.D.2d 417 (N.Y. App. Div. 1995)
621 N.Y.S.2d 305

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